8-00a Summaries of Advisory Opinions from the State Ethics Commission

Authoring a Textbook

  1. One of the college instructors has written and published a book which he requests as the textbook to be purchased by students in the course he teaches. In this situation, our bookstore would purchase the book and sell directly to the students with normal profit retained by the college.
SUMMARY
A technical college instructor would not be prohibited from authoring textbooks consistent with the off-duty employment guidelines; however, if the instructor intends to use his book as the text in the course he teaches, the instructor is advised to comply with the provisions of Section 8-13-700(A) and (B) regarding the selection and final approval of the textbook.
-SEC AO 93-077, issued 4/28/93
  1. The Director of the Office of Occupational Education has co-authored business education texts/simulations in the area of word processing. Some of the materials have been adopted by schools in South Carolina; however, she did not serve on the committees which selected those materials for recommendation. Individuals who work on her staff work with the adoption of materials; however, she has made a concerted effort to never discuss her materials with those members who coordinate the adoption committee activities. When she was originally encouraged to author materials, she was told to never speak or publicize her materials in South Carolina and to never participate in committee meetings where her materials would be discussed.
SUMMARY
An employee… would not be prohibited from co-authoring textbooks consistent with the off-duty employment guidelines. She is cautioned to follow the provisions of Section 8-13-700(B) and of the restriction of Section 8-13-775.
-SEC AO 92-083, issued 5/27/92

Gifts; Honoraria; Meals – Presentations and Speaking Engagements

  1. Can an organization give a state employee a $25 gift certificate for making a presentation to that organization? The employee will be asked to make the presentation because of his current job/experiences.
SUMMARY
A state employee should not accept a $25 gift certificate for making a presentation in his official capacity.
-SEC AO 93-071, issued 3/15/93
  1. The Attorney… questions whether… administrative employees may receive payment for speaking. He advises that… faculty which, in addition to actual teaching duties, are sought for academic and scientific purposes to lecture... Administrative employees are also sought to lecture and make presentations. The Attorney requests an assumption of the following facts: (1) that speeches will be on the speaker's own time, (2) the topics will not be the "official capacity" of the speaker, (3) the topic of the speech will not be for the purpose of advancing the employment position of the speaker, and (4) the audience will be a group which has a separate identity and organization. He questions:
SUMMARY
Faculty members or… administrative staff are prohibited from accepting anything of value for giving speeches in their "official capacity". The sponsoring group may reimburse the employee's agency for associated costs and the agency may reimburse the employee in accordance with agency travel reimbursement policies. Such employees are not prohibited from receiving honoraria or expense reimbursement for speeches which are not within their "official capacity".
-SEC AO92-151, issued 5/ 27/ 92
  1. The Associate Vice President… at… a university has questioned the payment of expenses of faculty members giving speeches. He specifically questions what factors determine when an employee is "acting in an official capacity". He further indicates that invitations to make presentations by faculty members are based upon their expertise in their discipline rather than because of their status as university employees.
SUMMARY
Faculty members are prohibited from accepting anything of value other than a meal incidental to giving a speech or presentation given "in an official capacity", where the meal is provided to all other persons participating in the same event. The sponsoring group may reimburse the employee's agency for associated costs and the agency may reimburse the employee in accordance with agency travel reimbursement policies.
-SEC AO92-057, issued 1/ 27/ 92
  1. The President of… a university… questions guidance concerning faculty presenting speeches to professional organizations.
SUMMARY
Faculty members are prohibited from accepting anything of value other than a meal incidental to giving a speech or presentation given "in an official capacity", where the meal is provided to all other persons participating in the same event. The sponsoring group may reimburse the employee's agency for associated costs and the agency may reimburse the employee in accordance with agency travel reimbursement policies.
-SEC AO92-100, issued 2/ 26/ 92

Meals

  1. Can a meal be accepted in connection with a speech to a professional association which does not retain a lobbyist? Is there any restriction (on accepting a meal) if the individual does not speak but attends a function sponsored by a professional association which does not retain a lobbyist?
SUMMARY
A Board Member or agency Executive Director would not be prohibited from accepting a meal incidental to giving a speech in an official capacity at a meal function where the meal is provided to all other persons participating in the same event. Both may accept benefits from an association to which they belong, however, the State Ethics Commission advises that if they accept anything of value from a regulated industry association, they shall disclose on their Statement of Economic Interests the receipt of such thing of value which exceeds $25 per day or $200 in a calendar year.
-SEC AO 92-032, issued 1/ 27/ 92
  1. The Assistant General Counsel for …(a vendor)… requests an opinion concerning that company's sponsorship of an annual event. Each year, the various divisions of the company host client appreciation dinners. Several of their clients are municipalities in South Carolina. Such a dinner will be held in… conjunction with… a national… conference… The dinner will include public and private clients which represent four entities and up to 30 senior or executive managers and commissioners. Estimated cost of the dinner is $35 per person. No promotional or solicitation activities will occur.
SUMMARY
The State Ethics Commission would advise that public employees or officials weigh the impact on a case by case basis of offers by vendors who have contracts with a school…
-SEC AO 92-194, issued 5/ 27/ 92

Nepotism

  1. Can a family member be hired on a temporary, part-time basis for a period not to exceed 120 days?
SUMMARY
A family member is prohibited by Section 8-13-750 from being hired, even if on a temporary basis, to a position which a public officeholder supervises or manages.
-SEC AO92-104, issued 2/ 26/ 92
  1. Can the Director… contract with his sister, a certified professional artist, for custom paintings or other artwork?
SUMMARY
The Director… is advised to follow the procedures of Section 8-13-700(B) on matters affecting his sister's contracting with the agency.
-SEC AO92-104, issued 2/ 26/ 92
  1. The Director of the… Technical Education Center questions whether his spouse may be hired as an… instructor. The position has been advertised for three months with no qualified candidates applying… The Director's spouse is presently teaching in… another state. He advises that she may consider relocation if she could find a teaching position locally. The School… is presently staffed by two… instructors and one part-time director. He questions whether the Ethics Reform Act would be violated if his spouse were to be supervised and evaluated by the part-time director.
SUMMARY
The spouse of a technical education center director would not be prohibited from being hired, provided the director takes no action regarding the hiring and has no supervisory or management authority over the spouse.
-SEC AO92-190, issued 6/ 9/ 92
  1. A committee to review a potential nepotism issue at Greenville Technical College seeks a clarification of SEC AO2006-003 wherein a public employee of the technical college had married a public member of the college’s commission. She asked based on the Ethics Reform Act’s nepotism provisions of Section 8-13-750 whether they could each remain in their positions? The committee seeks further review of its nepotism policy to confirm that the college may enforce its own policy in addition to Section 8-13-750.
SUMMARY
A public employee and a public member must review the personnel policy for their governmental entity since its nepotism policy can be more restrictive than Section 8-13-750 of the Ethics Reform Act. Greenville Technical College’s nepotism policy is more restrictive that Section 8-13-750. A commissioner may not employ a family member, to include a spouse, in any position under his significant influence or control. The college may enforce its own nepotism policy in addition to Section 8-13-750.
CONCLUSION
The Ethics Reform Act does not prohibit family members from working or serving the same governmental entity; however, a public member and a public employee must also review the personnel policy for their governmental entity as its nepotism policy can be more restrictive than the Ethics Reform Act‘s policy. Greenville Technical College can enforce its nepotism policy; notwithstanding, that the policy is more restrictive.
-SEC AO2009-001, issued 7/ 16/ 08

Vendors

  1. A computer vendor has questioned whether an immediate relative of a State employee would be permitted to submit bids on items purchased within the employee's department.
SUMMARY
A vendor who is a member of the immediate family of a public employee cannot bid on a contract with the employee's agency if the employee is authorized to perform any action regarding the contract.

-SEC AO92-044, issued 1/ 27/ 92